Restoration of the deadline for submitting an objection - application template with description

Download

There are situations in which either the objection deadline passes either out of ignorance or out of ignorance. In this case, it is necessary to apply for the reinstatement of the objection period.

Download the free template of the application for restoration of the objection period in pdf and docx format!

To download:

pdf
Template of the request for resumption of the objection period.pdf Description: form to be filled in manually docx
Template of the request for reinstatement of the objection period.docx Description: editing, printing, saving

Request for reinstatement of the time limit for filing an objection

The general rule of civil procedure is that late actions do not produce the intended legal effects. Therefore, it was possible to change this situation by submitting a request for the reinstatement of the objection period. There are situations over which we have no influence, such as a hospital stay, natural disaster, catastrophe or misleading information about the applicable deadlines.

A request to restore the deadline for submitting an objection may only be submitted in cases and time limits specified by the legislator. It is possible to restore the date only upon request, never ex officio!

The party who was required to perform a procedural act within a specified period is entitled to submit an application for the reinstatement of the deadline. It is also permissible to act through a statutory representative, trial attorney, side intervener, etc.

Art. 168 § 1 of the Code of Civil Procedure

If a party has not performed a procedural act within the time limit through no fault of its own, the court, at its request, decides to restore the time limit.

Pursuant to this article, an application for reinstatement of the time limit may be submitted where the person who missed the time limit did not do it because of his own fault and if the resetting of the time limit does not have negative procedural consequences. Therefore, the deadline may be reinstated if there are statutory, judicial and enforcement reasons, but the instructional deadline cannot be restored.

An example confirming this thesis is the justification of the resolution of the Supreme Court of 25 October 2006, III CZP 63/06, which stipulates that the deadline for submitting a response to the claim specified in Art. 479.14 § 1 of the Civil Procedure Code is a statutory term which may not be shortened or extended, but may be reinstated.

What should be included in the request for reinstatement of the objection period?

A request to restore the deadline for submitting an objection is neither difficult nor too formalized. However, it is worth paying attention to its preparation, because the further fate of the proceedings in our case depends on it. There are a few basic things to keep in mind:

  1. the application is submitted in writing,

  2. the letter is addressed to the court where the action was to be performed - i.e. to the court where the decision in our case was made,

  3. the application for objection is filed within one week from the moment when the person concerned became aware of the case or action of the court (i.e. the issuance of a decision or order). It is important to submit your application as early as possible. This deadline is counted from the time when the party learned about the breach of the deadline and could already file an objection.

  4. the application must be properly justified, i.e. the circumstances proving no fault in the failure to meet the deadline must be substantiated. You must present the reason and explain why it was not respected. The essence of the justification, in other words making it plausible, comes down to convincing the court about the probability of the occurrence of the facts which the party seeking to restore the time limit refers to. This conviction should be based on objective premises resulting from the statements contained in the application.
    Reasons can be, for example: incorrect delivery (delivery to a different or old address); service of the letter to another person; stay in hospital which makes it impossible to file an objection. Therefore, it is worth collecting as much evidence as possible confirming no fault on the part of the applicant. The evidence attached to the application may be, for example, a certificate of registration elsewhere, if the case relates to business activity, and the correspondence address to which the previous e-mail correspondence was sent has changed; an excerpt of changes from CEIDG is attached to the application.

  5. Along with the submission of the application for the reinstatement of the deadline, procedural steps are carried out, the deadline of which has been missed - i.e. an objection is raised.

Attention!

A late or inadmissible application for reinstatement of the deadline by virtue of the law shall be rejected by the court.

The decision to restore the time limit is not appealable. The refusal to restore the time limit may be challenged in an appeal against the judgment ending the proceedings in the case. The appeal will be admissible in the event of an objection to the payment order issued in closed session.

Attention!

Submitting a request for the reinstatement of the time limit shall not stay the proceedings in the case or the enforcement of the judgment.